Research On Legalization Of Administrative Complaint Letters And Visits

Since the establishment of the letters and visits system in China in 1951,letters and visits have played an important role in safeguarding the people’s participation in the country’s democratic political life,supervising administrative organs in exercising their powers according to law,and safeguarding the people’s legitimate rights and interests.With the redress of the cases of injustice,falsehood,and wrongdoing during the Cultural Revolution after the reform and opening up,the function of petitions has gradually changed from the previous political participation and power supervision to the rights relief,political participation and power supervision.The alienation of the function of administrative petitions not only deviates from the original intention of the petition system,but also contradicts the socialist rule of law that "judiciary is the last line of defense to safeguard social fairness and justice." Therefore,in the context of building a socialist country ruled by law and advancing the modernization of the country’s governance system and capacity,it is imperative that administrative letters and visits be ruled by law.The county,as the birthplace of petition activities,its administrative legalization construction directly reflects the overall level of petition legalization construction.The research on the construction of law-based administrative petitions at the county level can not only show the practice of law-based administrative petitions at the county level,but also promote the improvement of the overall level of law-based petitions in China.This article’s research on the construction of county-level administrative letters and visits by law consists of three parts.The first part expounds the basic concepts of administrative petitions first,then analyzes the basic functions of administrative petitions,and finally raises the issue of legalization of administrative petitions.The second part takes X county as an example to analyze the exploration,effectiveness and dilemma of the construction of the county-level administrative petition law.This part analyzes the county ’s efforts to strengthen the administrative letter-visit legal system publicity,explore the classification of letters-and-visit matters according to law,standardize the work flow of letters-and-visit matters,and explore the public review mechanism for letters-and-visits.The experience and effectiveness of theconstruction of administrative letters and visits ruled by law,also pointed out that the predicament of the construction of administrative letters and visits ruled by law in the county is mainly manifested in three aspects,the first is the offside and dislocation of the function of administrative letters and visits;the second is the absence of an administrative petition termination mechanism and the third is that the connection between administrative petitions and administrative reconsideration and administrative litigation is not smooth.The third part is aimed at the predicament of the legal construction of county-level administrative letters and visits,and proposes countermeasures to promote the legal construction of county-level administrative letters and visits.The author believes that,first of all,the return of the function of administrative letters and visits must be realized,that is,the function of political participation is further strengthened,the relief function of letters and visits is gradually weakened,and the right relief is returned to the judicial relief channel.Secondly,an administrative petition termination mechanism should be established.By setting up a petition termination review committee at the county and above people’s congress standing committees as a special petition termination review agency,it should specifically exercise the power of termination review,and at the same time,clarify the responsibility of the petition termination to promote the implementation of the administrative petition termination mechanism.Thirdly,to open up the communication channels between administrative petition relief and administrative reconsideration and administrative litigation relief,especially to realize the connection between administrative petition relief and administrative reconsideration relief.